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Criminal

Cross – Jurisdictional Analysis of Deferred Prosecution Agreements

Divyam Shresth Sinha Introduction Criminal prosecution of a big corporation results in profusion of problems in the economic landscape of a country. Therefore, countries worldwide are willing to enter into Deferred Prosecution Agreements (DPAs) with these corporates. Various countries follow different approaches in their DPA regime. The present paper briefly analyzes the DPA regimes across […]

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Criminal

Retrospective Application of Section 479 BNSS: A Crucial Step Forward in Alleviating Prison Overcrowding or Two Steps Back?

Debangana Nag and Sudha Ganesh Introduction The key purpose of a prison is to reform and rehabilitate the prisoners and make them responsible citizens of a nation. However, the reality on the ground emphasises that what is practised in our prisons is the theory of retribution and deterrence. The adverse conditions during long periods of […]

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Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

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Criminal

Bail With Strings Attached: Frank Vitus v. NCB and the Electronically Monitored Bail in India

Prinshul Agarwal & Anubhav Singh Introduction Imagine being granted bail but then asked to surrender your privacy rights by sharing your real-time location with law enforcement. This was the situation faced by Frank Vitus, a foreign national, in the landmark case Frank Vitus v. NCB. The Supreme Court delivered a pivotal ruling, declaring that such […]

Categories
Criminal

Shifting Contours of Criminal Laws: Analysing the Viability of Community Service as a Punitive Measure in India

Vishnu Sharma Recently, the Bharatiya Nyaya Sanhita, 2023, introduced the provision of Community Service as a punitive measure for certain offences. It is a remarkable step; however, a catena of shortcomings and challenges lie on the path of its implementation. This blog undertakes to critically analyse the provision of Community Service in India. Introduction ‘Punishment […]